"[The case of Francis v. Anacomp, Inc. Accidental Death and Dismemberment Plan, No. 13-55648 (9th Cir.; appeal filed April 18, 2013)] involved the question of whether the interpretation of a policy provision limiting accidental death coverage to loss 'resulting directly and independently of all other causes' from a covered accident was preempted by state law.... Plaintiff argued that Ward and Miller, which [held] that state laws are saved from preemption if they 'regulate insurance' and 'substantially affect the risk pooling arrangement between insurer and insured,' required the district court to apply a state law analysis to the limiting language. California law would have substituted a proximate cause test for the policy requirements, effectively writing the clear limiting language out of the policy."

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